NEVADA UNEMPLOYMENT COMPENSATION PROGRAM

1 APPEALS HANDBOOK NEVADA UNEMPLOYMENT COMPENSATION PROGRAM STATE OF NEVADA DEPARTMENT OF EMPLOYMENT, TRAINING & REHABILITATION EMPLOYMENT SECURITY DIVISION Revised November 2018 APPEALS HANDBOOK NEVADA UNEMPLOYMENT COMPENSATION PROGRAM OFFICE OF APPEALS 2800 E St Louis Avenue, Las Vegas, NEVADA 89104 Telephone: (702) 486-7933 Fax: (702) 486-7949 Web Site: Prepared By EMPLOYMENT SECURITY DIVISION UNEMPLOYMENT INSURANCE SUPPORT SERVICES The statements in this handbook are for general information and do not have the effect of law or regulation. Table of Contents 1 WHAT ARE MY RIGHTS IF I DISAGREE WITH A DECISION DENYING BENEFITS?.. 1 WHAT HAPPENS AFTER AN APPEAL IS FILED?

2 2 WHY IS AN UNEMPLOYMENT INSURANCE APPEAL HEARING IMPORTANT TO ME? .. 3 HEARING DATE .. 3 WITHDRAWALS .. 4 THE HEARING .. 4 DOCUMENTATION .. 5 WITNESSES & SUBPOENAS .. 5 WILL THERE BE A RECORD? .. 6 THE DAY OF HEARING .. 6 THE REFEREE S DECISION AND APPEAL .. 7 TO THE BOARD OF REVIEW .. 7 THE BOARD OF REVIEW S DECISION AND APPEAL TO COURT .. 9 LIST OF POTENTIAL APPEALED ISSUES .. 10 MISCONDUCT .. 10 MISCONDUCT GENERAL DEFINITION .. 10 COMMON MISCONDUCT ISSUES .. 10 Absence from work, or being late for work .. 10 Refused permission .. 11 Incarceration .. 11 Failure to Maintain Licenses .. 11 Tardiness .. 12 DUTY TO EMPLOYER .. 12 Safety Violations .. 12 Insubordination.

3 12 Dishonesty .. 13 Use of Drugs or Alcohol .. 13 Work Performance .. 14 Violation of Employer Rules .. 14 RELATIONS WITH 14 Abusive Language .. 15 Altercation .. 15 Sexual Harassment .. 15 Union 15 GROSS MISCONDUCT .. 16 VOLUNTARY QUIT .. 16 General Definition .. 16 QUITTING FOR REASONS NOT WORK CONNECTED .. 17 Health Reasons .. 17 Family s Health .. 17 Following a Spouse .. 17 Quit to 18 Following a Companion .. 18 Attending School .. 18 QUITTING FOR REASONS THAT ARE WORK CONNECTED .. 18 Exhaust Reasonable Recourse .. 18 Reduction in Pay .. 19 Part-time Work .. 19 Transportation .. 19 Changed Working Conditions .. 20 Quit to Seek Other Work .. 20 Unpleasant Coworkers.

4 20 Unsuitable Work .. 20 Threats at or Outside Work .. 21 Failure to Meet or Maintain Hiring Conditions .. 21 Quit for Self-employment .. 21 VACATION PAY .. 21 WAGES IN LIEU OF NOTICE; SEVERANCE PAY .. 22 WAGES IN LIEU OF NOTICE .. 22 SEVERANCE PAY .. 22 ABLE AND AVAILABLE .. 22 ABLE TO WORK .. 23 AVAILABLE FOR WORK .. 23 Your Circumstances .. 23 Willingness to Work .. 23 Fitting in the Labor Market .. 23 COMMON AVAILABILITY ISSUES .. 24 School Attendance .. 24 Distance to Work and Transportation .. 24 Domestic Circumstances .. 24 Wages .. 24 Union Status .. 25 Part-time Employment .. 25 Leave of Absence .. 25 Light Duty .. 25 SUITABLE WORK .. 26 Was there a Bona Fide Offer or Referral of Work?

5 26 Was the Job Suitable? .. 26 Did the Claimant have Good Cause to Refuse the Job? .. 26 COMMON SUITABLE WORK ISSUES .. 27 Domestic Circumstances .. 27 Job Related Issues .. 27 Health or Safety Risk .. 27 Customary Work .. 27 Expected Wages .. 28 Highest 28 Prospect of More Desirable Work .. 28 ACADEMIC BREAKS; PAID SABBATICALS .. 28 TIMELINESS .. 29 OVERPAYMENTS .. 29 LABOR DISPUTES .. 29 MISREPRESENTATION .. 30 NON-DISCLOSURE .. 30 LEGAL REPRESENTAION .. 31 NEVADA LEGAL SERVICES .. 31 Table of Contents 1 OFFICE OF APPEALS INTRODUCTION The following information is provided as a courtesy to claimants and employers for UNEMPLOYMENT Insurance Benefits in NEVADA . NEVADA statutory and case law, as well as applicable federal law, requires that each claimant or employer case be judged on its own merits.

6 Information supplied herein is meant to be general and is supplied for informational purposes only. Your case will be judged on the specific facts developed regarding your claim for benefits, or employer account. While some statutory law is included, the commentary set forth below is not the law. The law is set forth in NEVADA Revised Statutes and published cases decided by the NEVADA Supreme Court. Statutes and case law change frequently. In order to be completely informed regarding the merits of your case you should review all current statutory and case law. The Employment Security Division, ESD (hereinafter referred to as the Division ), does not warrant that the information set forth below is current.

7 Nor may these comments be cited by you as authority to support your case. All cases will be decided upon the facts and current law. What are my rights if I disagree with a decision denying benefits? You have the right to appeal within 11 days after the date of mailing of the notice of denial of your claim ( NEVADA Revised Statute (NRS) ). The appeal must be in writing and signed by you, or your duly authorized agent, and should include your full name, address and Social Security number. The appeal is deemed to be filed on the date of hand delivery, the postmark on your letter, or the date it was faxed. If the 11th day falls on a weekend or holiday, you may file your appeal on the following business day.

8 After the appeal has been filed, you must continue to file a weekly claim for UNEMPLOYMENT benefits while the appeal is pending in order to later received payments if the appeal is decided in your favor ( NEVADA Administrative Code (NAC) ). You may be able to appeal even after the 11-day deadline has passed. The Division can extend the 11-day deadline for good cause shown as pursuant to NRS You should request the extension in writing as soon as possible with an explanation and documentation of why you could not file your appeal within 11 days. For example, if you were in the hospital, or had a compelling reason to be out-of-town and as a result did not receive the written notice until after the 11 days had expired, Table of Contents 2 you might have good cause for a late filing.

9 If you are waiting on documentation, you should file your appeal immediately and explain you will be submitting additional evidence later. What happens after an appeal is filed? After an appeal is filed by either the claimant OR ANOTHER PARTY, an impartial Appeals Referee employed by the Division will conduct a hearing. The claimant must continue to file weekly claims for UNEMPLOYMENT benefits while the appeal is pending in order to receive payments if the appeal is decided in their favor. The Appeals Office may reschedule the hearing when requested by a party showing compelling reasons for delay (NAC ). You should request the postponement as far in advance as possible by calling the Appeals Office, stating the reasons you need the postponement.

10 The Appeals Office has the discretion to grant, or deny the request. A written notice of hearing will be sent to each party at least 7 days before the date of the hearing (NAC ). The notice will inform each party that he or she is entitled to be represented by counsel, to request the issuance of subpoenas, and to produce witnesses at the hearing (NAC ). The notice must also include: (a) the time, place and nature of the hearing; (b) a statement of the legal authority and jurisdiction under which the hearing is to be held; (c) a reference to the particular sections of the statutes and regulations involved; and (d) a short and plain statement of the matters asserted (NRS (2)).